Governance

Tamil Nadu may charge fees for commercial groundwater extraction: Upcoming revisions to State Water Policy

Policy matters this fortnight

Author : Amita Bhaduri

Tamil Nadu’s initiative to enhance water policy and management: Updates expected by January

According to official sources, the state government is getting ready to update the State Water Policy by January of the following year. Within the parameters of the new policy, discussions are in progress about the possible imposition of fees for groundwater extraction for commercial purposes.

<p>The government is taking into consideration water audits for irrigation structures like reservoirs, dams, multipurpose water projects, and canal systems as part of this initiative. District collectors may also serve as the chair of committees for the planning of water resources at the district level.</p>

A senior official from the Water Resources Department (WRD) has confirmed these developments, stating, "The state planning commission and WRD are collaborating with experts and farmers to facilitate the implementation of the new water policy."

The official emphasised that the State Water Policy was first introduced by the state in 1994 and was upgraded in 2012. Regulations state that the policy should be updated every four years, however, there have been delays in putting the new version into effect.

<p>The official emphasised that the main objective of the water policy is to thoroughly evaluate the existing state of affairs, deal with obstacles, and address state-specific issues. The Thiruppugazh committee has made important recommendations that will be included into the policy, according to another official. These proposals center on preventing pollution in water bodies, managing floods, safeguarding delta areas, and conserving water.</p>

The policy covers local governments, stakeholders, citizens, and various government departments that manage water resources and control pollution. It aims to create plans for resolving issues and enhancing the state's water management procedures.

The Tamil Nadu Banana Growers Federation's state general secretary, G Ajeethan, emphasised the significance of setting up a water audit unit akin to the Comptroller and Auditor General of India (CAG). Ajeethan stressed that the public should have access to the unit's findings, which should include information on crop patterns, dam levels, waste prevention, monsoon forecasts, and water storage and usage. He also emphasised the urgent need to clean up contaminated waterways and push for tough laws against those who pollute them. (The New Indian Express)

Desilting operations: BDA responds to allegations regarding Bellandur Lake

Based on data supplied by Bangalore Development Authority (BDA) officials, it has been calculated that trucks fitted with GPS units have moved 57.7% of the total silt from the lake. The BDA refuted claims made by a resident named Harikrishna in an affidavit that it submitted to the National Green Tribunal (NGT) in Chennai on Wednesday. According to the complaint, Bellandur Lake was crossed by a road built by the BDA.

A senior official clarified to The New Indian Express, stating, "We submitted an affidavit today, stating that the BDA has never constructed a road through the lake. Instead, the BDA has created a diversion canal and bund to redirect sewage away from the lake. The claim of a road being built by us is inaccurately reported to the Tribunal by a local school owner."

The representative clarified that trucks transporting silt must be able to pass through a temporary route in order to complete the desilting process. At a cost of Rs 100 crore, RMN Infrastructure has been awarded the desilting contract. The official stated that it will likely take a year to finish the desilting process, which was temporarily put on hold in July due to rain. After completion, a sewage treatment plant will be built by the Bangalore Water Supply and Sewerage Board to purify water before it enters the lake.

<p>Bellandur Lake is one of the city's biggest lakes, covering 916 acres and 43 guntas. According to BDA data, trucks fitted with GPS units have cleared 16.88 lakh cubic meters of silt from the lake, or 57.7% of the total. The representative mentioned that Varthur Lake, where 96% of the silt has been removed, is also undergoing desilting work. (<a href="https://www.newindianexpress.com/states/karnataka/2023/nov/09/no-road-on-bellandur-lake-only-canal-bund-bangalore-development-authority-to-ngt-2631484.html">The New Indian Express</a>)</p>

Delhi High Court issues ultimatum to Chief Secretary: Designate unencroached forest land as reserved forests or be prepared for contempt proceedings

The Delhi government's Chief Secretary received a directive from the Delhi High Court on Wednesday, telling them to publish a notice designating uncontested forest land as reserved forests within two weeks. The Chief Secretary would be subject to contempt proceedings if she didn't comply. Examining a January 15, 2021, NGT order concerning the protection of the Delhi Ridge, Justice Jasmeet Singh, a single-judge bench, emphasised that the directed notification had not been issued even after nearly a year.

<p>The court also noted that only 82.132 hectares of forest land had been reclaimed from encroachment over a four-year period, while about 394.56 hectares of forest land had been invaded. The High Court was addressing a plea related to encroachment in the Southern Ridge forest, where advocate Aditya Narayan Prasad pointed out that the NGT had established an oversight committee chaired by the Director General, Forests, Ministry of Environment and Forests (Government of India).</p>

Justice Singh stated, "Even till today, the said notification has not been issued," and warned that if the notification is not issued within two weeks, the Chief Secretary would be held in contempt, with a notice of contempt framed against them. In case of non-compliance, the Chief Secretary would need to appear via video conferencing on the next date for the framing of the contempt notice.

Hearing a plea on encroachment in the Southern Ridge Forest, the court pointed out that, in spite of the NGT's directive for monthly meetings, the oversight committee of the NGT, which was founded in 2021, had only convened six times since its founding. Concerned about non-compliance with the NGT's orders, Justice Singh ordered that the court receive an updated status report, including specific actions taken to address encroachment and reclaim land on the ridge, within two weeks.

The Delhi government's Chief Secretary and Director General of Forests were also added by the court as parties to the case. The court underlined how urgent the situation was, recognising the substantial encroachment on forest land and the requirement for quick action. The next hearing on the matter is set for December 15. The Delhi government counsel was asked to furnish details regarding the sizeable area needed for extra forests for the citizens of Delhi in a related matter involving land for an alternative forest. (The Indian Express)

NGT seeks report from 12 states regarding the worsening air quality

In states where the Air Quality Index (AQI) is still at severe, very poor, or poor levels, the chief secretaries have been asked to submit an action-taken report to the NGT. Twelve states—Delhi, Madhya Pradesh, Rajasthan, Maharashtra, Haryana, Uttar Pradesh, Punjab, Jharkhand, Meghalaya, Himachal Pradesh, Bihar, and Gujarat—have been asked to submit reports to the NGT. These officials were ordered by the NGT to provide an overview of the actions taken to improve the air quality, with a focus on the necessity of implementing "all immediate remedial measures" to lower pollution levels.

<p>The NGT observed a primary focus on long-term action plans despite reviewing reports from a variety of sources, including states, the Commission of Air Quality Management (CAQM) in the National Capital Region (NCR), and the Central Pollution Control Board (CPCB). On the other hand, it noted that its order for "immediate remedial action" was not fully followed.</p>

Despite assurances from state representatives, the NGT expressed concern over the lack of a significant improvement in AQI levels in several cities. In order to improve the quality of the air in the cities in question, the tribunal stressed the significance of reevaluating tactics and putting into place practical solutions.

The NGT recommended identifying major sources of pollution and acting quickly to control them as part of their suggested measures, particularly in light of the impending Diwali festival and other factors that are expected to worsen the state of the air. Citing grave negative consequences on public health, especially for young children and the elderly, the NGT emphasised how urgently the issue needed to be addressed. The next hearing was set by the tribunal for November 22.

The NGT took action earlier on November 3 after observing that the AQI was rising in a number of cities across seven states. The chief secretaries were instructed to act immediately in cities where the AQI had fallen into the "severe," "very poor," and "poor" categories, and to submit a report. Delhi, Madhya Pradesh, Rajasthan, Haryana, Uttar Pradesh, Punjab, and Maharashtra were among the seven states. (India Today)

High Court directs demolition of illegal structures in Goa's Khazans: A victory for environmental advocacy

The Advocate General's pledge to carry out directives for the destruction of buildings in the khazans of Merces by November 30 has been recognised by the Bombay High Court in Goa. In response to a plea from Jose Oliveira, a resident of Merces, the court ordered the Goa government to restore the khazan lands and carry out the GCZMA's demolition orders for illegal structures in Morombi-o-Grande village (part of Merces VP) before November 30, 2023.

Oliveira fought against illegal filling and construction in khazans for seven years, accompanied by the Merces Manch Welfare Association, President Sudesh Kalangutkar, Secretary Joao Carmino, Suresh Pilarnekar, and Umesh Naik. On November 7, 2022, the Supreme Court upheld the GCZMA's orders, providing justice. However, the Goa government neglected to carry out the orders, which is why Oliveira had to reapply to the High Court.

The khazan lands are essential to the nearby villages of Calapur, Morombi-O-Pequeno, Morombi-O-Grande, and Chimbel because of their long history of supporting local economies through farming and fishing. The Goa government postponed the demolition of the structures in Merces' khazan fields for more than a year, even after the NGT and Supreme Court upheld the GCZMA's 2022 order.

<p>Oliveira welcomed the High Court's order and expressed frustration with the authorities' inaction, but she stressed the importance of actual demolition and restoration. Strong supporter Avertino Miranda questioned why the government was delaying in spite of orders from the Supreme Court.</p>

In the hopes that it will act as a deterrent, attorney Caroline Collasso, who represented Oliveira before the NGT, applauded the High Court's ruling. She argued for the restoration of these crucial ecosystems throughout Goa and emphasised the significance of implementing strict statewide action to stop the climate crisis's impact on khazans. The ruling of the High Court could set a precedent for dealing with unlawful structures in Merces and other places. (The Free Press Journal)

This is a roundup on important policy updates from 1st November to 15th November 2023.

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